[2022] KEELC 1460 (KLR)
The court found that the parties, despite being properly notified on two occasions, failed to attend court or prosecute the appeal. The appeal had not been admitted, and there was no justification provided to interfere with the lower court's judgment. Consequently, the court upheld the lower court's decision and...
Source-derived case information.
- Citation
- [2022] KEELC 1460 (KLR)
- Parties
- Appellant: Mohamed Hassan Ibrahim; Respondent: Harron Yelo; Respondent: Nakuracha Haro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Appeal 012 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Admission and Dismissal of Appeal
- Outcome
- appeal dismissed; lower court judgment upheld
- Legal Topics
- Appeal Dismissal, Admission of Appeal, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Hassan Ibrahim
Appellant
Harron Yelo
Respondent
Nakuracha Haro
Respondent
Procedural Posture
Civil Appeal / Ruling on Admission and Dismissal of Appeal
Legal Issues
- 1 Whether the appeal should be admitted despite non-attendance by the parties.
- 2 Whether there is sufficient reason to interfere with the judgment of the lower court.
Ratio Decidendi
The court found that the parties, despite being properly notified on two occasions, failed to attend court or prosecute the appeal. The appeal had not been admitted, and there was no justification provided to interfere with the lower court's judgment. Consequently, the court upheld the lower court's decision and dismissed the appeal for want of prosecution and lack of merit.
Court Disposition
appeal dismissed; lower court judgment upheld
Orders
- The appeal is dismissed.
- The judgment of the lower court is upheld.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT
AT ISIOLO
APPEAL NO. 012 OF 2021
MOHAMED HASSAN IBRAHIM................................................................APPELLANT
-VERSUS-
HARRON YELO...................................................................................1ST RESPONDENT
NAKURACHA HARO.........................................................................2ND RESPONDENT
RULING
1. I have perused the apposite annexed documents. Notices have been properly issued 2 times but in both cases the parties failed, refused or ignored to come to court.
2. I do note that this appeal has not been admitted.
3. In my opinion, I do not find any reason to interfere with the Judgment of the Lower Court.
4. I therefore, uphold it. Consequently, this appeal is dismissed.
Written and Delivered in Open Court at Isiolo this 14th day of February, 2022 in the presence of:
Court Assistant: Balozi
HON. JUSTICE P. M. NJOROGE
JUDGE